Translation from Lithuanian

Translation from Lithuanian Translation from Lithuanian THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA R E S O L U T I O N No. 91 On the Approval of Inspection Procedure of Foreign Vessels fishing in the economic zone and territorial waters of Lithuania in the Baltic Sea Vilnius, 15 January 1996 With the aim of ensuring the protection of fish resources and establishing the inspection procedure of foreign fishing vessels, the Government of the Republic of Lithuania r e s o l v e s: To approve the inspection procedure of foreign vessels fishing in the economic zone and territorial waters of Lithuania in the Baltic Sea. Prime Minister Adolfas Ðleþevièius Minister of Environmental Protection Bronius Bradauskas APPROVED by Resolution No. 91 of 15 January 1996 of the Government of the Republic of Lithuania On the Approval of Inspection procedure of Foreign Vessels fishing in the Baltic sea within the economic zone and territorial waters of Lithuania General provisions

1. Foreign vessels can fish in the economic zone of Lithuania in the Baltic Sea in compliance with the rules of Fishing and fish resources protection of the economic zone of Lithuania in the Baltic sea and other regulations of legal acts.
2. The state environmental inspectors shall have the right to protect fish resources and to inspect foreign fishing vessels for this purpose. In their duties the inspectors follow the Law on Environmental protection of the Republic of Lithuania, other laws, the regulations of State Control of Environmental Protection and the regulations of protection of Fishing and Fish resources protection in the economic zone of Lithuania in the Baltic sea and other fishing regulations of legal acts.
3. The environmental inspection vessels in which the state environmental inspectors of stop and inspect foreign fishing vessels and if necessary must have and to hoist up the standard flag of the inspection vessel.
4. The instruction to come to a stop for the captain of a foreign fishing vessel shall be transmitted using International Signal Code or the FM wave radio station channel.
5. The foreign fishing vessels shall be inspected by two state environmental inspectors at least.
6. On checking the ship, the state environmental inspectors must wear official uniforms and have identity cards on them, document forms necessary for inspection, the currency exchange rate at the given week and current fish and tariff pricelists, other measures necessary for inspection.
7. In the foreign fishing vessel, the state environmental inspectors must: 7.
8. introduce themselves to the vessel's captain, indicating their duties, first and second names and present identity cards; 7.
9. inform the vessel's captain about the purpose of inspection and intention to check a ship; 7.
10. inform the vessel's captain on the running coordinates of the ship and time according to GMT. If the captain disagrees with the coordinates, he is advised to correct them according to the instruments of the inspection ship; 7.
11. ask the vessel's captain to submit the registration documents of the ship, fishing licence (permit), fishing records, to show fishing tackle and catch of fish.
12. The inspection of the ship is carried out in the presence of captain and members of the ship's crew authorised by the captain.
13. The business talks with the captain shall be conducted (if no other alternatives are at hand) using the official phrase book.
14. On inspecting the fishing vessel, the state environmental inspectors shall record an inspection act according to the established order in the state language, in 3 copies one of which is left with the captain. All entries in the inspection documents, minutes, resolutions and other documents of a foreign fishing vessel shall be written down in printed letters.
15. The captain of a fishing vessel which violated the rules or other legislative acts of protection of Fishing and fish resources in the economic zone and territorial waters of Lithuania in the Baltic Sea shall be brought to court according to the established legal procedures of the Republic of Lithuania.
16. In case a foreign fishing vessel fishing without a permit, licence or other documents which legalize fishing, at forbidden time and forbidden species of fish and causes damage to fishing resources, the trespasser shall compensate the loss incurred according to the established tariffs. Special measures to be applied to foreign fishing vessels in case captains of these vessels refuse to comply with the legitimate requirements of state environmental inspectors
17. In case a foreign fishing vessel does not react to the warnings and visual signals of state environmental inspectors, does not cease its activities and tries to escape from the territory of the economic zone of Lithuania in the Baltic Sea, and in case there is a substantial basis to consider that it has breached laws and other legislative acts of the Republic of Lithuania, state environmental inspectors shall inform the border police or the fleet vessel of the Lithuanian naval forces, which at the moment is closest to the place of the incident, about the case and shall request assistance in stopping the vessel. The border police and captains of fleet vessels of Lithuanian naval forces shall assist the state environmental inspectors in ensuring that their legitimate requirements are met. Before the entry of fleet vessels of Lithuanian naval forces (border police), the vessel of environmental inspection shall pursue the vessel that has breached laws, shall identify the country of its origin, its registration number, name and shall constantly trannsmit signals to stop. Pursuit of the vessel violator shall start in the territorial waters of Lithuania or in its economic zone, and shall cease upon the vessel's entry into its own territorial waters or into the territorial waters of a third state.
18. After the border police or the fleet vessel of the Lithuanian naval forces approaches the vessel violator, the latter shall be stopped by a naval vessel (border police) according to the established procedure.
19. If the captain of a foreign fishing vessel disagrees about the fine for the violations of the administrative law, the state environmental inspector shall suggest him travel at his own will to the Port of Klaipûda wherein the cases of violations of the administrative law will be investigated.
20. In case the captain of the vessel-violator refuses to obey legitimate requirements of the state environmental inspector, the latter shall inform about the fact the border police or fleet vessels of the Lithuanian naval forces, shall request assistance in towing the vessel and shall inform the captain of the vessel violator about that.
21. A state environmental inspector or a control group of the naval vessel shall stay on board of the foreign fishing vessel as it is towed to the port.
22. After the foreign fishing vessel is towed into the port, it shall be passed to the border control service and customs officers, and the captain's office of the port shall be informed about that.
23. The state environmental inspector shall immediately inform the Ministry of the Interior that a foreign fishing vessel has been detained. The Ministry through the relevant channels shall inform the state, the flag of which has been hoisted on the detained vessel, of the measures taken and the fine imposed.
24. The foreign fishing vessel shall remain in the port until the case of violations of the administrative law is investigated according to the established procedure, and findings become effective and damages recovered after the completion of investigation of the case.
25. The requirements as laid down in Paragraph No. 20 shall not be applied, and the foreign fishing vessel that has been detained and its crew shall be released immediately, if either a substantial pledge is deposited by the vessel manager or an insurance company confirmed by the captain of the detained vessel or submits a written guarantee that the damages will be recovered and financial fines paid.
26. A pledge is a financial payment which shall be paid by the captain of the detained foreign fishing vessel to the account of the fish storage service (in litas) or to the foreign exchange account of the Ministry of Environmental Protection (in foreign currency). The document of such payment (the cheque) will be attached to the case of violation of the administrative law. The amount of the pledge or the guarantee shall be established in respect of the maximum fine which can be imposed according to the relevant article of the Code of Infringement of the Administrative law of the Republic of Lithuania, and in respect of the amount of the losses incurred. If, upon completion of investigation of the case of violations of the administrative law according to the established procedure, a decision to impose a smaller fine than the pledge paid is adopted, the difference (in litas or foreign currency) shall be paid back to the manager of the detained vessel according to special instruction.
27. If according to the established procedure the pledge is paid or the relevant guarantee is received, the state environmental inspector, after he/she has taken a decision to tow the foreign fishing vessel to the port, shall enter the fact into the act of vessel inspection and shall immediately inform the border control service in writing that the vessel is allowed to leave the port. ______________________________